How long does the I-485 take to be approved?

Answers

The current processing time for the adjudication of the I-526 petition is 24 months. Once the petition I-526 is approved, the process of applying for and receiving conditional permanent residency may take a few months.

The I-485s may take 12 months right now. The processing times are subject to change and have increased since in the past. My suggestion is to check the published processing times for that service center and, once your case exceeds that amount of time, submit an inquiry.

With extreme vetting on all the immigration cases, it is very hard to tell how long any particular case will take to be adjudicated. I have had people whose I-485 took 2 months and they got their green cards faster than EAD/Travel combo cards. I have also had clients whose I-485 had been pending for more than 18 months. All the inquiries, stating that the case has been pending beyond normal processing times, only get the boilerplate response stating that “the case is with an adjudication officer and is on extended review” and tells us to contact them again in 30 days or 60 days, only to be given the same message subsequently. It is a terribly frustrating time for all of us.

Once you file your Application for Adjustment of Status on Form I-485, the length of time it will take depends upon the current processing time and that can vary depending upon your location and the possible need for a personal interview. In the past, these interviews were waived but, now, with the Trump Administration, it is somewhat more likely that you will be subject to an interview. Thus, it could take at least 9-12 months or longer before your I-485 application could be adjudicated. The good news is, in the interim, you are eligible to apply contemporaneously for your Employment Authorization Document (EAD) as well as a travel document known as Advance Parole. Normally, that takes somewhere between 90-120 days to be approved.

While most of the Service Centers indicate that processing takes about 9-10 months, the USCIS is in the process of scheduling interviews on some of these cases so, in practice, we are seeing them take at least one year and maybe longer.

Unfortunately, this is a bit of an unknown with USCIS at this point. In the past, it was a matter of months but, today, we are seeing it extend into more than a year. But, with your EAD and your Advanced Parole, this should not be a problem for you. Sit down with your EB-5 investment immigration attorney as he or she will be able to address your concerns.

You should have received work and travel authorization within about 90 days after filing your I-485 (assuming you filed I-765 and I-131). As for the conditional green card and the start of your two years of conditional permanent resident status, that will take several more months (four to six on average).

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